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Bombay High CourtIA/437/2022disposed off

Pratik Vilas Gangan v. The State Of Maharashtra And ANR.

2022-02-28Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 15.IA.437.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.437 OF 2022 IN CRIMINAL APPEAL NO.10 OF 2021 Pratik Vilas Gangan Applicant versus The State of Maharashtra and another Respondents Mr.Rajdeep D. Gude i/by Khandeparkar & Associates for applicant. Mr.S.V.Gavand, APP, for State.

Adv.Namrata Agashe with Adv.Vinsha Acharya for respondent no.2. Sr.P.I. Mr.Sunil Kale, Tilak Nagar Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 28th February 2022 PC :

1.

This is an application for fixing appeal for final hearing. The applicant has been convicted for the offences under Sections 3,4, 5(1) and 6 of Protection of Children from Sexual Offences Act, 2012. He has been sentenced to suffer imprisonment of ten years for the offence u/s.376 of IPC, 10 years for the offence u/s.3 r/w 4 of POCSO Act and 10 years for the offence u/s.5(1) r/w 6 of POCSO Act . All the sentences were directed to run concurrently. 2.

Learned counsel for applicant submitted that the applicant is in custody from November 2020. The applicant is the only bread winner. The application for suspension of sentence is rejected by this MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.03.02 10:18:22 +0530 Court Hence the appeal may be fixed for hearing. The prayer is opposed by learned APP and learned counsel for respondent no.2.

2 of 2 15.IA.437.2022.doc 3.

On considering submissions of both the sides, no case is made out for fixing the appeal for hearing immediately. In the event appeal is not listed for hearing after a period of six months, the applicant would be at liberty to prefer application for fixing the appeal for hearing. Interim Application stands disposed of. (PRAKASH D. NAIK, J.) MST